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r' annual report and annual evaluation fee required by DEQ is Dot optional,and is aQLincluded in the cost of basic services. Refer to Service Provider's fee schedule for an outline of the cost of basic services and optional services to be provided under this contract.Please refer to Schedule A. All charges for optional services shall be due and payable within thirty(30)days of the Customer's receipt of Service Provider's invoice.The Customer shall pay Service Provider a late payment charge of 1.5%per month,or the maximum rate permitted by applicable law,whichever is less,on any unpaid amount for each calendar month or fraction thereof that any payment to Service Provider is in arrears. 5.0 Warranty The AdvanTex5 Service Provider warrants that all Services shall be performed in a good and workmanlike manner and that Service Provider will correct any System errors,malfunctions,or defects directly caused by Service Provider's failure to perform the Services and Additional Services in such manner. 6.0 Limitation of Liability The sole liability ofthc AdvanTexb Service Provider under this agreement shall be to correct any errors,malfunctions or defects in the system directly caused by the AdvanTex Service Provider's failure to perform any services in a good and workmanlike manner pursuant to Section 4 above.In no event shall the Service Provider's liability to the Customer hereunder exceed the total of the amounts paid to the Service Provider hereunder by the Customer.In no event shall the AdvanTexs Service Provider be liable to the Customer or any third-party claimant for any indirect,special,punitive, consequential or incidental damages or lost profits arising out of or related to this Agreement or the performance or breach thereof,whether based upon a claim or action of contract,warranty,negligence or strict liability or other tort, breach of any statutory duty,indemnity,or contribution or otherwise,even if the Service Provider has been advised of the possibility of such damages. 7.1 Termination/Cancellation This Agreement may be terminated or canceled only upon: • Written notice by one Party effective as of the effective date thereof if the other Party is in default of any provision of this Agreement and such default is not cured by the defaulting Party within fifteen(15)days after the effective date of said notice from the non-defaulting party,or by the mutual written agreement of both Parties. • Copy of such written notice shall be forwarded to the regulatory agency. 8.0 Miscellaneous Provisions This Agreement is personal in nature and may not be delegated,assigned or transferred by either Party without the prior written consent of the other Party. The laws of the State of Oregon shall govern this Agreement. The homeowner shall be responsible for complying with the AdvanTex Homeowner Manual and AXN Supplement provided to them with the purchase of the system. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be mailed by certified mail,return receipt requested,postage prepaid,addressed to the Parties at the addresses shown on the first page of this Agreement.Any notice or other communication shall be deemed given at the expiration of the second day after the date of deposit in the United States mail.The addresses to which notices or other communications shall be mailed may be changed from time to time by giving written notice to the other Party as provided in this Section. AdvartTex Service Provider Customer(s) y A&B Se tic S ice Shane Brausch l..PEASN � f Name: 9 t] SS ��} 74. T1 Signature: 4 ,/7)0 —4f///, , Title: Al T Account Manager v 5905 D. St. Turner,OR 97392 SID-01.1-0RJ Rev.1.0 06'05Orenco Systems•,Inc